hânce the value
of the article
may be
added to the
prime coll.
In cafe of an
over ilate-
ment of the
price, the pur-
chafer may
undo the bargain,
or (in 7‘a-jj-
Iteat) deduiSl
the excels.
figurer (of cloths,) the fpinner (of cotton or wool,) or the porter (of
wheat, and fo forth;)— becaufe it is a cuftom amongft merchants to
add fuch expences to the capital fum; and alfo, becaufe whatever is
the eaufe of an increafe either to the fubfiance of the thing purchafed,
or to the value of it, is an addition to the capital:— this, moreover, -is
a general rule, applying to all the articles-here mentioned; for the
dying, figuring, or fanning is an increafe to doe. fubfiance of the article;
and the bleaching of linen, or the porterage of wheat, and fo forth, is
an increafe to their value, becaufe cloths are rendered more valuable
by being bleached., and the price of wheat varies in different places.
It is requifite that the feller, in making or including fuch addition,
fhould lay “ this article has coft me fo muchfo and not “ I have pur-
“ chafed this at fuch a rate,” .becaufe the latter aflertion would be
falfe. It is to be obferved that the driving of goats from city to, city
is equivalent to the porterage o f wheat; but neither the wages of the
Ihepherd, nor the rent of the houfe in which the wares are kept, is
to be included, as no increafe with -refpedt either to the fitbfiance or
the value arifes from thefe ciroumftances :— neither are the wages of
a teacher o f the K o r a n , or the like, to be included^, becaufe the
increafe of value obtained by mßruflion is acquired through the
wifdom and ability naturally exifting in the fcholar, which laß is the
immediate eaufe of an increafe of value.:— the charge, therefore, muff
be placed to the head of the" wifdom, or natural ability, which is the
immediate eaufe, and not to the teaching, which is a remote eaufe.
I f , in a fale of profit, the purehafer fhould difeover that the feller
had pradtifed a fraud in Hating the price of the wares, in fuch cafe,
according to Haneefa, the pur-chafer is at liberty either to adhere to
adhere to or undo the bargain, as he pleafes; and in cafe fuch fraud
fhould be pradtifed in a fale oifriendjhip, the purehafer is at liberty to
dedudt the amount -of the fraud from the price. Aboo Yoofaf is of
* In the fale o f a flave*
opinion
opinion that a deduction proportionate to the fraud muff be made in
either cafe; but that, in the fale offriendjhip the dedudtion is made
from the price; and in a fale of profit, from both the price and the
profit. Mohammed maintains that in both cafes the purehafer has the
option of adhering to or relinquifhing the contract as he pleafes:— for
he argues that the mention of the price k to be regarded, as that is1
known; and the mention oifriendfisip or profit, is made-with a view
to- incite defire, and is therefore to be confidered as the inducement, in'
the fame manner as the inducement of fecurity againft a blemilh or
defedt; and confequently, if the inducement fail, the purehafer is at
liberty with refpedt to the contraiSt. The argument of Aboo Yoofaf
is that, in cafes where friendlhip Or profit are mentioned, it is an effen-
tial that friendlhip or profit be eftablilhed:— whence it is that the
fale in queftion is concluded, if the feller- fay to the purehafer, “ I
“ have fold this thing to you, by way of friendlhip, for its original
“ price f — or, “ I have fold this thing to you for a profit on its ori-
“ ginal price,” provided its original price in both cafes be known
and afcertai’ned. Now, fuch being the cafe, it neceflarily follows
that a dedudtion muff be made in proportion to the fraud of the pur-
chafer, in order that Tawleeat or Moordbihat may be eftablilhed:— in a
cafe of Tawleeat the dedudtion is made from the price; and in a cafe
of Moor&bibat from the price and the profit. The argument .of Haneefa
is that if, in a fale of friendlhip, no dedudtion be made for a
fraud, the defeription of Tawleeat no longer appertains to it, fince the
price, in fuch a Cafe, muff otherwife exceed the original price, and
confequently the tranfadtion, which is fuppofed a tranfadtion of friend-
fiip , would be altered in its nature : a dedudtion is therefore adjudged
:—-if, on the other hand, no dedudtion were made in a profitable
fale, yet the fale would Hill retain its original nature of a profitable
fale, with the difference only of the extent of it; for which
reafon the purehafer is at liberty to abide by or undo the contradt as
he pleafes. Hence if, in a profitable fale, after the purehafer had
become acquainted with the fraud,, the wares Ihould be loft or de-
Vox.. II. P p p ftroyed